The Sun. — London, England, 1809-03-15 00:00:00

' 77 777 INiPE 1Z JAL PARLIAMENT. HO&SE OF PEERS, TORtiDAY, MARCH H. Counse! finally heard in the Appeal, Smith v. Bugit.—Judgment deterred till Thursday next. cAMPAICN IN SPAIN. Lord DARNLEY .renewed hi; observations respett... inwheneressity of having before the House the let- . ,tcr addrt,s,ed by Mr. Frere to Sir J. Moore, at Sala ntma. lie conceived it to be 3 document of the turn* importance when' a dismission shoUld take 4.)laca'bn the . condtia of the late campaign in.Spaip. It 'was, his ctillion to give notice of a day.up whicilt he should move fbr the produ6tion of that pal wr. • The Earl of LivßaPoot had no doubt but he should be ate to satisfy the House why the. letter alluded 'to ,should not'ter preduced ; but he should defer stating hi reasons for' refusing, until the Noble Lord 'brought forwa*rd his motion. Lord Moira offered a low word respe&ing the pro- I prier) , int . product t h e tetters. Mr. Wit'Antear and others brought up the Mutiny Bill from the House of Coounons, read a The Hills on the table were forwarded in their Tt sPejlise stages. Counisel was lienid, and witnesses examined, on Campbell's Divorce Bill, which was read a seeotid time, and ordered to be, committed on Thursday next. -i-- - . The House, in a Committee, also heard Counsel on Sir George limgrave's Divorce, ,which,, after some observations from the Doke of Norfolk, thu Lord Chancellor ; and 1.... n! Auckland, was ordered to be reported on Thursday next.r—Adjoutmed. HOUSE OF COMMONS. Tuesns.st„, mAncitt 14. On the motion of the LORD ADVOCATR for SCOT LAND, and the testimony of Mr. Herbert, a medical Gentleman, Mr. Johnson way excused furthur at tendance on the Newry Eledion Committtee, on ac count of ill health. MARINE Nl.ll - 11.NY BILL. Mr. R. WARD mated for leave to bring in the Marine Mutiny• Bill. CALcuAer wished to know from the Hon. Secretary if it was meant to bring in a Bill, conueded with the Compassionate List, for the Relief of the • Widows of Naval Officers. Mr. WARD replied, that as far as the Office ryas concerned, every thing was ready for that pur pose. • Leave was then given, and Mr. Wsnis brought • in the the motion ter its being read a • first time, Sir CHARLES PoLs begged leave to call the atten tion of the House for a few minutes to the situation • , bf the Marine Carps. Nu person but must be con vinced of what'eensequence they were to our national defence, amounting in number to one-fourth of the regular army. In the year 1804, when Lord Melville was at the head of the Admiralty, it was thought. right to add to the Marine Establishment four Coro of Marine Artillery. This was a most 'useful and ex- - cellent measure, bet he was afraid thLio Corps. were not exercised as they ought. to be. In his °plebe this species of • force ought also to be increased, as they afforded so much the means :of • safety to our Colonies. The Honourable Baronet then stated, that the Marines were not in so good a condition as formerly, since in 1755 promotion in the Army was open lta, the Marine Service, rind several distin guialted.Officers bad been procured from it. Nei ther had they so full an establistnuent- Field4C6- cers as he thought they were entitled.to. Though in ntunber equ tl to twenty-six battalions, they had only 41 field-etficers, while the Royal Artillery, of • only t t battalions, were allowed 77. -• He however commended the present Adminisiratiqn for raising the number to 45. Theie were Captains in the Ma rines who had. obtained their on commissions' prior td the comniencetneet ef the American War, Which chew eel that their. pro Motion was more tardy than in the line. There was no system of educa tion • for that service, and , he could not see why Wool wick should not be opened to. them as: well as to . the artillery. The l'ay Captains, with an extra- . ordinary share of ditty, had no additional pay; and • when the Marines were landed, Oen- officers had no fixed rank, nor did they knoW, as they ought to do, where: they Wereto be. placed. All these suggestions he threw out,' not as finding fault, but merely as hints to the House, to have this importantisubjed considered and discussed. , Mr. it. WARD said he could not be supposed to be ao well acquainted with this subjed us the Hon. Baronet, but there were some points on which' even a Civilian might point out an .answer to. the sugges tions. Of the Marine Corps in general he would premise no man can hatie a higher opinion Olin be had, or be more convinced of the services they had rendered, and the gallantry they had uniformy • dis played. . With reaped to the increase of the'atarine iirtillery, he conceived that could . mu take place without increasing the Ittree altogether, and con verting the marines into a land way on shore. • The . flott Baronet had mat only net censured, but had commended the present Administration for adding to the number of their Field Officers,. bet complained . t h at they were 1101 yet as numerous in:proportion as. in the Royal Artillery lt,Ought to he rementbered, however, that Marines on board of ships were not commanded by Field• Officers, and as tootit of them _ware , engaged in that , species of service, it was not necessary to bavii.sti many Field Officers., • As for the age of .sotrie of :the Captains ' he could only say', that as it was a service in whichOfficeet rose by se ' ntoritys thrit „could only depend upon the length of itie of those, who preceded them on the fist. into the pay of .the Pay Captains he would inquire, and was sure that if for any extraordinary la . boor, any rectimpence could , be madele them with out injury to the service, it would be instantly al .'. Col dtql. • • • Mr.;LocKnaar made a few observations, after which the Bill Was read a first time, and ordered to be read secondlimei s to-morrow. tiyAtaittsoN obtained leave to bring in tt Bill . for chargiog. , the Duty upon Spirit Wash on its being Lord -Tem eLe gave notice, that unless certain re- - tarns which h e had moved for were laid on the table by Friday, holiould on that clay move the Older of House. The Expiring Law; Bill was read-a second time and committed for to•morrow. Thy Otte Shilling -and Sixpenny Duties Bill went through - a Committee, and *as ordered to be et- ported ta-morrow. Lord Tamr.t.E, adverting to a question which had been put, last night to a Noble Lord (Castlereagh), and now seeing a Right Hon. Secretaty in his place, would not put the 'question whether the letter from Mr. Frere to Sir John Moore was upon the table, but wished to know whether any letter from the British Minister at Madrid to the Commander in Chief of the British !Army in Spain had been contained in any dispatch to the Right Honourable Secretary.. bar. CANNING-" Nor . The .F,xchequer Annuity Bill was .read a third time and .passed. On the motion of Mr. Rosa, the Bermuda Spirit Bill, and the cape of Good Hope Trak Bill, went ,through Committees, and were ordered to be re ported to-rnorrow..,'_ Mr. Rosa brought in a Bill to place the Exports and Imports of the port of Falmouth, in the Island of 'Jamaica, on a similar footing with the other ports or that island. CALL OF THE HOUSE. Lord Fot.x.sTotrz moved; that this Order,be read for the purpose of postponing it.till to-morrO*. The CHANCELLOR of: the ExcuEnuatt suggested -to the Noble Lord, .that'as it tmght be poisible thla night for the House to conclude whether it was pro. per to adopt the mode of Address or Resolutions,. Whops it would be better not to propose his motion at so.early an hour before the decision, upon that tort of the question which' pointed out the most convenient mode of proceeding. He could wish it to be held over their heads till the end of their sit ting this evening, that in case they did come to buy decisiob, the opportunity of such a break in the dis cussion might. be seized, to move. a short adjourn- ment, ,Which was not only desirable for the health and strength of the Membete, but also to enable them to come with a clear and nnfatigued mind tci'a final decision upon a question so' important. For himself, he was free to confess that five night! in. a week'sitting up till three or four o'clock in the morning, and ,being again called on at an early hour to fultil the other dutieS of his' official situation, was, be found, too much fatigue for him ,to undergo. Thb health also of the respeOahle person in the chair was 'an objed not to be trifled with, though he was Sore be would be the last person to complain of it. What he wished, therefore, was, that the Noble. Lord should not push his motion till the rising of the House, when, it they had decided between the Ad• dress and Resolutions, he. would , move for an ad. joumment of this debate over Wednesday, and that the Call of the House be enforced on Thursday ; and if they did not come to any decision then, that the present motion for a Call to-morrow, When the business 'should go on, might•be acceded to. Lord FOLKSTONE was' ready to accord io the' pro- I position of the Right Hon. Gentleman, not only on I his own account, but on account of. the 'Right Hon, Member who tilled their Chair. Fie had only to observe, that his desisting at this rhoinent did not imply that the Call was dropped, but that, whether, tomorrow or the next day, it must be enforced till ) the busiow.s is concluded. • • Lord TEMPLE! said, . tats feelings - towards the Right Hon. Speaker were paramount to every other con sideration. But he' conjured the House upon no other consideration to put off or delay coming to !a deci,ion upon this quesion, upon which the eves of thetonntry were fixed, and in which the character or the Illustrious Individual accused was so much, implicated :and injured by every moment that was lost. . The SPEAKER returned his thanks to the How for their attention tuwarcli him, and the indulgenc4 with which they seemed disposed to treat him . , bat he might venture, :.without , itfectation, to say, that he : found-noldisabtlity in himself to continue to dis charge his duty, so long as they found it .expedient to carry on these discussions. Lot'd FOLKSTONE then withdrew his motion for • the present: BREACH OF PRIVILEGE. Mr. HIINNY SMIVII, before the House proceeded. to the other business of 'the night, wished. to call their attention .to a matter which affeCted their privk loges, JO whatever manner, the speeches of Metif- - bers might ,be reported out of doors, he watt,snre, that, even in sOhumble an inditlidual as himself, tney ought not to be misrepresented.' A Morning l'aPer, in stating the purport of what ,tell front him last night, said, that he ‘,spoke in favour of, the mo.. 14:n of the .ChanCellOr of the Exchequer," Nothing could bps farther from his view of the subject, as those 11m..Getitlemen who, ha.d done hint -the ho s , near of attending to -him, would be ready to bear witness.. The House were indeed at • the time ha spoke very impatient, and. this, perhaps, with the noise, that prevailed, .and the disturbed state at the House, alight prevent the person who reported him front hearing distinelly what he said. The line he took, balm' 'front agreeing with the Chancellor of the Exchequer, was to point out the necessity Of putting the Duke of-York upon his trial; find giving him an opportunity of defending himself. He had thought it netessary to say this much, in order toot himself right, but did'ttot mean to take any ulterior proceedings, as all his . phrposes were attained by ex plaining the matter. CF.NLIt:II. CLAVEkING. Mr. WY NNE, alter a short conversation with the Chancellor of the Excheittler,. postponed his motion tor the further consiJeration of the evidence of Ge. peral Clavering till Monday next. DuKti t)t; YORK.... On the Order of the Day, tor resuming the consi devotion ot the Evidence in the . Inquiry into the con dud of the Commander in Chief, being read; • • Mr. WYNNII said, he would have offered: himself: to the notice of the House last night, after the Hon. and Learned Gentlemen who closed their proceedings, had t►e not perceived that they were too much boosted to attend .to any additional observations. He would now; however, make a 'few remarks on the course they were pursuing, and state his opinion ot . the mode pointed out by the Right Hon. Chancellor of the &chequer. rafter that Right Hon, Gentle man had; instead of meeting the Address on its own grounds, or by 'the previous question, proposed an Amendoient, 'he conceived that no other course could ha►e been taken by the House but the one they had pursued. Flo could not son any necessity to come first to' a• decision on the question, whether corruptioa was prosen eir :not ; * it seemed ,much more exp'edient nreviously to ascertain their mode of proceeding . The Right‘ 'Honourable Gentleman stated, that they. " were bound" to putsue the One. particular course he had suggested; tint • to make such art assertion was,•in his mind, to narrow the• privileges. of.Parliatnent. It was suggested to him (across the 'table), that the Right 'Sion. Gentleman Only "tailed" upon the House •to adopt his Motion ; this made little difference in the principle, and it was his intention, unless the Houserendered it unneces- ' sary, by coming to a different decision from thatcall, ed for by the Right Hon. Gentleman, to move. a Naos lotion, that atter Solemn inquiry into any mules, the House of Commons,in their decision, were nu; bound to refer to the practice of any other tribunal. This was their most valuablepriVilege, and one often fol lowed. Here. the Hon. Gentlemah instanced the case of the Duke. of Lauderdale, in which the Commons had agreed to an Address, where there was 'good ground for an impeachment, and contended, that they might now, without bringing a servam of the Crown to his trial, come to a resurntion that:lie ought to be dssmissed front his situation. He would • put the case as of a 'private individual, end compate them together.--Might not. a Gentleman, from the misconduA of his servant, find it expedient to dismiss' him froth his service, and yet think it unnecessary to bring him to a public trial ? Thus, in the present instance, many Gootlemett might'be of opinion, that as the witnesses were not examined epon oath, there was no one case suffiCient to convince their minds; • yet upon the whole there was grave and heavy bus• picion to think the Duke of York guilty of Autistic nteanour, on account of which he ought to be tbs.. missed from his office. He disapproved of,golng through charges, one by one, as had been (toucan the cases of Mr, Hastings and Lord I.‘lelsaile, as this mode narrowed the funetions of Pai li:intent, and a -person 'might be found nut guilty upon each dis tind. charge ' who must have been found guilty if the • whole • had been referred. He would' apply this to the present instance. Carter's aPpointilieat might he thought improper, and if an impeach ment was preferred against the Duke of York in the , House of Losds, tor this alone their Lordships would acquit him, and po,fitty_ similar charges sepa rately made, it would be impossibie to impeach him, • though 'upon the whole logetl.ei, and the course of the pertain charged,. as proved by these concomitant cases, the determination must be that he had missies weaned himself. There was a' 'charge which had been passed over almost without ..notice, and" un - • commented upon, which, in his mind, was the heairest of them all, and supported on •unexceptien able testimony. He alluded to that et Kennet, whose affair, if it had gone on to a conclusion, would have been as decided a proof of corruption as ever was known. Kennett, it appeared, on the.eVidence of Col. Taylor,. first proposed to negotiate a greatloan for the Duke of York, and in his very second:niter view wished to be recommended by hii Royal High ness's interest to ti situation inahe West Indies.— The . Honourable Gentleman : went, at length; into this case, and maintained that the Duke. of York lent his countenance to Kennett, not from the letter of Sir Horace Mann, but because he ..was ' endeavouring to raise money for himself, and that heafterwarde dropped him, not merely. because ire discovered him to t,e,a bad ch.o.teter, but because be found nothing could be expected from him. If such evidence as this went out to the •world un commented upon, it would be thought that places were to be got by offlaing : loans ; if so, itadded strongly,to the suspicion of corruption excited by the other cases, which, as they had been already so ably gone through, he would not again repeat. He. could • not •aered with those Gentlemen who wgre,tor . put.. ting the testimony of Mrs. Clarks) entirelyourot the question ; but doing soS for the - sake of argument, he contended,' that enough of evidence remained' to' satisfy any person to the extent he went, 'Miss Tay lor's evidence was admitted by a Right Honourable - Gentleman to be unsuspected and worthy of credit, and,he cutisidered it as at least another ground for grave suspicion. He vindicated the answers of Miss Taylor to tliequeations put to her respecting her fa ther and mother,..and in answer to what was said by time Solicitor-General last night, maintained, that t h e House was averse to nothing but examining her delicate poon and irrelevant • points, and that the s • - a es ineia put to. Mr. Nicholls, were not parallel to er case, as they went directly to impeach his cre dibility. Independent of both Mrs. Clarke's and . Miss Taylor's evidence, the documents:and • letters on the tante proved, that in six. instances, the Duke of YoSk had allowed Mrs. Clarke to use her iutluence it) appointments of various. deseriptions. He ex cepted Shaw's . , as there were applications from other . quarters, and .also the . exchange between Brooke and Knight. The fiat case was that of Clavering, where it appeared, trout this Duke'a own letters , 'that Mrs. Clarke, was pertnitted to interfere even in the diSposal of a regiment. • The second was • Twain's, and he was. more surprised to hear the Right- Hon. dentlenian -apposite (the Chancellor of the Exchequer) doubt the authenticity of what was called the . Islysterioui: Note, than he Would have been at the tieeptieismel, any oili e r Member of that . House, Fur tie recolleeted that Right Hon. Gan (lemma in. his professioual capacity as Attoreey- General, • to held a diamei ritally opposite opinion in the case of an Judge (Joheaon), where the only proof of the libel „seated on the comparison of hand-writing. . 1 'Without theanote, however,. the • case was sufficiently proven. S The third 'point was 'Samuel Carter'a commission, and he would have been as williog topass over this siert of the subject es any of the Gentlemen on either side,. had it nut afforded 'so convincing a proof of the intittence of Mrs. Clarke, who could prevail on the Commander in Chief to take a person from behind her chair, and, getting the better of all `the scruples ,he must have tint on the occattion,' reflecting how it would be' received by the army, to bestow a commission upon him. The excellent condutt of that young' man - would, he hoped, now prevent him from receiving' !any injury •;frOto the lowness of his origin, bid let any Gentleman put it to himself how he would have Blued or rgoi l person, l t igteh i,,j ta t k h e e n tfroiirreilasai triage eo tirg behind skleha tree 'chair s woman as Mrs: Clarke,' , to : be made a•coinpanioti for his son. • Dr..o:Mara's was-the fourth foitonee, and if .one'" was worse than another, this was • that one. The Paymastesship to Elderton was rime • fifth elearly proven; •and the lest was the appointment of Dow ler to the Commissariat. 126 ROOS - Gentleman went into an eXitarination of the evidence in this 14 ter case, and argued, that •it was completely establish ed that the appointment was procured through Mts.. Clarke. These being hi 4 opini:ins from the written documents; his %ote,I.YOUICi be the seine were Mrs.. 'Clarke's evidence totally erased froM the 'minutes. If under such eirermistances his -Royal HiglinAs was to remain in his situation, Officers would here after apply for promotion to whoefer might* be the .Mrs. Clarke of the day. What wouhd be the con 'sequence if tliii W 39 for their ,coesideraliOn ; and -they hattnot only to look to what was past, bu'l what was to, come, ill their deeision. They must look at the offers.. or future loans to principals, mini' the. payment .o't money to favoUrites, .1f they so, how_ could they agree In the resolution of the Right Hon. Gentleman (trie Chancellor of theEk chequer), to expre , ,s their': confidence that no• thing similar would agaia ()eau." He nild not bring himself to expre4 such a confidence —it 1.4 . 0 not i.vatranted by, the Duke of York's.letter, which expressed not a gene& regret at having formed such a ropttv4ipti,• but . a, regret at having tanned ,a cone ne&ion'WhiChied to the present rescilt. He did not • mean to say that there was equal guilt in liessonal - Corruption, connivance, and nstrong suspicion tha t mal-prattices were carrying on, but the elleti.pen -the army was the same in all these cases. •,1-le most believe that it . Worrld be far less painful for,:iti oilJcer to be superseded by one; who purchase ewer him, than by one whom he knew Obtained his promotion by llittni,anct paving his court at the le..ce ht a "mrtezno: . There were' they in his opinion match more grOtinds to ;oil ee with the motion lot dismissal. The reports or Mrs. Clarice's influence were known to &very smal who walked ill th 4 world, to be common And tiotoriou, and there was only one 'way to do away-the ef&bs of them N tid Of - this Inquiry, the renri.tnunt of his Royal 1-3.igo . ,ness from his . office. He :would he reluctant to agree with th Address of the Hon.. Gentleman 'who brought 'forWat &this titie..tioo, tx-caus.: , it s , ' hunted more than %e•a ptoetti, natnt-ly, that 11 10 Duke of York had n l.no•lvli.-dge of the correPt praetices. (144 not think 11114 was the c.ise,, btic that his suipicions must have ben"so - strong . to render it violin:it, not to investivtL& , the n'ar, r to discovery: , less could he agree with 7" 14. Amendment of the Chancellor of the Exchequer. Nor was he prepared 'to say that' cOnnivri n ce' On' • the port . of hi 3 Royal- Highnt•si bad ..b . een prov4 * The tion Gentletaitin . etatelir.le 1 by offeriog 'o 4l ° objeiStion.. to Ihe .uie of the word charges," ) 116 he contended, was improperly applied in the presob t " instance. Crones had inte.tvled obtruding himself Ir , their notice at the close of the speech .01 the HO . B tronet opposite (Sir F. Burdett.) He thought thy' • speech of that Hon. Baronet less ofillilint than marry he had heard item his lips, and could not help givig it as his Opinion,' that his - efforts of pleasantry 4 ,0 less sneeessiati than his more serious orations. . 1.131 refleelions which had been made by hum . on persons who were of the profession of the law heicituld not - think were just, as he did not perceive ally thing preposterous in the idea of Supposing; that in many . 1 cases, persons of that profession; Whoha d n Insc : the comparison of evidence the plineipoi stottY of their rivet', were boat qualified to juttgi7 • 4 l P• '" degree of credit which oOglit to lie gist to the wi t ' , nesses who were called to give . e . vidence netio e He WI spoken adieu) as persons whose minds "' ere tainted from the nature of. their profession, and as such ill qualified to form a just estimate of the ckilins of the evidence- to attention. fa hi opinion, lito mind of a ,Candidate fur a popular seat m i g ht j ustly be supposed equally biassed. The Memberb of that Rouse who were in the pmfession of the laW, her thought, for his own , • part, Were - m o re compe tent to the .task than those Members to, whoa an examination of that nature %%as wideltditlerent fo any thing whicit - ever occupied tpeir 'attentior f pr ..before. The Honourable Bart. imielf, th.4 l l4b r, ' at the commencement of the orcudiPgs; ttad no t 4 appeared wholly . unbiassed ; as Dout.nali had stated' , in the utmost agitation, that be had Otfered Clarke a considerable slap to Produce the w;lic}le of the correspondence between her and his Royal H& ness the Puke of York. The Cvideace of -Dottav3P in that ,-particular, what,4ver - might 'be. in I:A -het parts, he thought entitled- to. the fullest cretl it, he had given it • with the greatest •reluctlince ,• 011 , been strongly corroborated by. Mrs. Ciatkei , 0)( 1: 1 1 ; . she had not mentioned the name et the Ho n ', In a note which she sent to . an Hon. Gen t ' el` "7, - , (Mr. Adam) ' she had intimated, that 'if her ann u 7 l was not continued she would seek relief (rem distresses whit+ assailed givitw ti > t he W ei , of the Commander ill Chiet y to Gentlemen 4'17 thatease, afford her relief." G iintlein ent she said, ' ' file-renqt publishers, but friends of his) 61 , c ; He did not dotitit , but this let ter had an'allosion W t : '- otters made by. the Hon.. 8 menet, and as . tioclit "ts thought it fully confirmed the evidence of Pointy:n.l' He did ,not intend entering mitint: - .ly into a lt 1116 cases; but he could not rettain fro . m inqgiug s‘ "''' 'observations nn the principal 'evident'- on the i° td t , itive6tiViion 91 Airs. Clarke,who It bek .. ..n by several Hon. Alentbers, as o n e xceptio4u""; denctt.. Mrft. Clirke not Slid) 'a " "ty t r c:iin, duct proper to:be adopted tut tiers course ut ibis tXtlitit►►%.t~ '' •aS 4.1 e• noir its Iha light of ar t accomplice, the neeetoi t Y "1 ve ie6, n t Ittg reluttano:, it, order to obtain credit, had v -1u eibly ipointed - out ;- hence ,arose hat i tap. •- had been brought forward, unwillingness to disclosures for M l ' i : eeily as she pretended, unwilling to say any . - prejudice of the 04:inlander . in Chief, it woul' A .. (f ht been useless for the Hon. Gentleman tailaVe nroubtiot 1 - Ltd sue reallY t o. her forward her evidence, far Iron; idod uci l e ca Oat he intended, would in. That case 00 ° , 8 wholly destitute of force) , nay more; wo uld 113 0 re, coiled on him whotrought her there; s he-0 . '0)1 7i: given a -negative. to every qutstion teifding that 'innate the Duke; she would have denial .t had been privyi to thoSe traosattions ve slated him to have participated in ; and so tar tt Royal H i g llnua" supporting the 'ehavges against his ico ia every .spark ' ot evidence that fell _item het . u lio /pa even u.itness eager to gr atif y er _it l ha , e beett a blazing .Burch . of daunt: - .to :not brought , them forward. She; i t was evident, sonered bers4lt to be made an 11 en s t L .-- torw , ird by e t ) rotig forliew,evidence, tos ubstantiatetne cows . c 4% York. Site Ithd stated, the Huh, Gent letuo t the Heti. Gentletnanlagainst ,that‘,;l,,